My rental contract ends in December. How does the housing decree affect me?

Ask. My rental contract completes its fifth year in December 2027. What situation am I in now after the decree? What do I have to do? M. Sangu

Answer. We are facing a rental contract for a habitual residence. In this type of contracts, article 9.1 of the Urban Leases Law (LAU) establishes a mandatory extension until the fifth year.

Royal Decree-Law 29/2026, of October 6, is currently in force, adopting urgent measures to protect the social function of housing and expanding the supply of affordable housing, approved by the Council of Ministers that day.

If this Royal Decree-Law is validated by the Permanent Deputation (as the Congress and Senate have been dissolved due to the call for elections on November 29) and the fifth year of validity of the contract ends in 2027, the tenant could request an extraordinary extension of two years, as long as they are up to date with their payments and have maintained that situation for the eight months prior to the request.

The lessor will be obliged to accept the extension, unless the parties have agreed on other conditions, a new lease contract has been formalized or the lessor has communicated in a timely manner his need to recover the home for himself or for certain family members, in accordance with the provisions of article 9.3 of the LAU. This power may be exercised even if the contract has not expressly provided for the recovery of the home due to necessity, provided that said need is real and duly accredited.

If the Royal Decree-Law were not validated by the Permanent Deputation, these measures would lose validity and could not be required in December 2027.

If you have questions, suggestions or simply want to tell us about your case, you can send us an email [email protected].